Proving Medical Causation in Georgia Injury Cases

Consulting a Clayton County attorney after an accident enhances a victim's ability to receive a reasonable settlement. If you have been injured in an accident you should discuss your case with an accident attorney at the Law Offices of Shane Smith.

Causation is one of the four elements that must be proven in a Georgia injury case. Insurance defense attorneys frequently question whether evidence exists to prove that an accident was the proximate cause of the plaintiff's injuries.

The Georgia Supreme Court established that, "expert evidence is required where a 'medical question' involving truly specialized medical knowledge (rather than the sort of medical knowledge that is within common understanding and experience)" is needed to establish a causal link between the defendant's actions and the plaintiff's injury. Cowart v. Widener, 697 S.E.2d 779 (Ga. 2010).

The court held that "even in simple negligence cases, plaintiffs must come forward with expert evidence to survive a defense motion for summary judgment, where 'medical questions' relating to causation are involved." An experienced Clayton County injury attorney can present evidence from a case that is supported by expert testimony to prove causation.

A plaintiff must prove all elements of a negligence claim, including causation. This burden includes introducing evidence that allows a jury to conclude that the defendant's action or inaction likely caused the plaintiff's injury.

If you or someone you know has been hurt in an accident, meet with a Clayton County accident lawyer. Call the Law Offices of Shane Smith to schedule a free legal consultation.